What Are My Fifth Amendment Rights? One of the unique things about living in the United States is the U.S. Constitution. As U.S. citizens, we have many rights that are part of our lives. The Fifth Amendment to the U.S. Constitution are rights that apply to everyone. These rights apply…
Articles Posted in self incrimination
How Your Social Media Posts can be Used Against You in a Criminal Case
Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?” The vast majority of American adults use at least one social media platform every single day. However, did you know that your social media use could potentially be used against…
What does it mean to plead the Fifth?
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with…
“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal…
Your Fingerprints Can’t Plead the Fifth, Federal Court Says
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since…
2016 Marks 50th Anniversary of Miranda v. Arizona
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” “You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or…
Kansas Supreme Court Knocks Down DUI Law As Unconstitutional
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?” The Kansas Supreme Court issued a decisive and important ruling late last month concerning the state’s implied consent law. Implied consent laws, for…